BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120004831
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of her military records to show her last name as "Maxxxxx Hxxxxxx" vice "McCxxxxx."
2. The applicant states the last name on her military records is incorrect due to her marriage since her retirement from the Army.
3. The applicant provides a marriage certificate and a certificate of marriage.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show she enlisted in the Regular Army on 4 October 1977 and she held military occupational specialty 71L (Administrative Specialist).
3. Her DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 4 October 1977, listed her last name as "McCxxxxx." She authenticated this form by placing her signature in the appropriate block using this last name.
4. The DA Form 2-1 (Personnel Qualification Record) that was created at the time she entered the Army shows her last name as "McCxxxxx." She reviewed this form at a later date and authenticated it by placing her signature in the appropriate block using this last name.
5. Her record contains numerous personnel, finance, medical, and legal documents including assignment orders, and various other orders that show her last name as "McCxxxxx."
6. She was honorably retired from active duty on 31 October 1999 and placed on the Retired List on 1 November 1999. She completed 22 years and 27 days of creditable active service.
7. Item 1 (Name) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows her last name as "McCxxxxx."
8. The applicant provides a Commonwealth of Virginia Marriage Certificate that shows she was married on 26 February 2005 to a person with the last name of Hxxxxxy. This form also shows her father's last name was "Maxxxxx."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon enlistment in the Army on 4 October 1977, the applicant listed her last name as "McCxxxxx." This last name is consistent with the last name used on various documents throughout her period of military service. She authenticated many documents by placing her signature in the appropriate block indicating this name was correct. She did not use the last name she now claims during her entire period of military service.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants last name in this case. However, a copy of this Record of Proceedings will be filed in her Official Military Personnel File to explain the difference between her current name and her name of record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_x___ ___x_____ _____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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